Voting Blogs: The Arizona Decision: Constitutional Reasoning Within the Reform Model | More Soft Money Hard Law

The next few days of commentary on the Arizona redistricting decision will include the usual debate about which side had the better of the “legal argument.” And, in truth, both the majority opinion and the chief (Roberts) dissent can be defended. Each is effectively drawn, making the most of the materials available to it. Each also takes the usual liberties with the construction of precedent and the standards by which particular points—an example being the majority’s reliance on 2 U.S.C. §2(a)(c)—are deemed relevant. More interesting is the way that the majority weighs the reform objective. The majority in the Arizona case adheres to a model familiar in political reform arguments more generally, within and outside the Court. For this majority, the constitutional question cannot be considered apart from the reform objective served by the initiative creating the Independent Redistricting Commission. The “people” are seen to be taking urgent steps to protect against officeholder self-interestedness. So, as Justice Thomas points out in dissent, the Court here lauds the exercise of direct democracy, which at other times is given the back of its hand. The reason for the difference is simple: the objective that the tools of direct democracy have been in this case wielded to bring about.

National: Congressional Democrats to introduce new Voting Rights Act fix | The Washington Post

Congressional Democrats are expected to unveil new legislation this week, possibly as soon as Wednesday, that if passed would restore the requirement for federal approval for voting procedure changes in some states, a provision of the Voting Rights Act struck down by the Supreme Court two years ago. The legislation, titled “The Voting Rights Advancement Act of 2015,” would force any state that has had 15 or more voting rights violations in the last 25 years to be subject to federal preclearance for any change in voting procedure or law. That criterion would initially subject 13 states to preclearance: New York, California, Arkansas, Arizona, Virginia, Georgia, Alabama, Mississippi, North Carolina, South Carolina, Florida, Louisiana, and Texas, according to a copy of the legislation obtained by the Washington Post. Those states would be able to free themselves of the preclearence provision by going 10 consecutive years without a voting rights violation.

Washington: Federal appeals court turns back Yakima’s request to stay election | Yakima Herald

Yakima’s appeal seeking to stay City Council elections has been turned back by the federal 9th Circuit Court of Appeals. In a decision released Friday, the court said the city’s appeal should be heard by the federal district court judge who first ordered the elections. And in a related development, that district court judge, Thomas Rice, ordered the city of Yakima to pay $1.8 million in legal costs and fees to the American Civil Liberties Union of Washington. In a lawsuit brought against the city by the ACLU, Rice ordered the city to revamp its election process earlier this year after ruling Yakima’s voting system violated the federal Voting Rights Act by routinely suppressing the rights of Latinos.

National: The fight to strengthen Voting Rights Act is not over yet | Zachary Roth/MSNBC

Legislation to strengthen the Voting Rights Act (VRA) remains stalled in the Republican-controlled Congress. But as the two-year anniversary of the Supreme Court decision that gutted the landmark civil rights law approaches, supporters of the measure aren’t giving up the fight, despite long odds. A coalition of civil rights, voting rights, labor, and other progressive groups plan to mark the June 25 anniversary by rallying in the Virginia district of Rep. Bob Goodlatte, who chairs the House Judiciary Committee where the legislation has been bottled up. “In this 50th anniversary year of the Voting Rights Act, voters are more vulnerable to discrimination than at any time since the law was first passed in 1965,” Wade Henderson, the president of the Leadership Conference on Civil and Human Rights, said in a statement. “Congressional leadership has yet to act on restoring the law.”

National: As Hillary Clinton Pitches Voting Rights On The Trail, Her Counsel Looks To Fight For Them In Court | Huffington Post

The general counsel for Democratic presidential candidate Hillary Clinton’s campaign is heading up three high-profile lawsuits against Republican-backed voting restrictions in what is shaping up to be a perfect political and legal storm leading up to the 2016 election. The attorney, Marc Elias, is involved in lawsuits challenging measures passed in Ohio, Virginia and Wisconsin, arguing that laws cutting back early voting, restricting registration and requiring photo identification to vote, among other measures, disproportionately impact racial minorities.

Editorials: Thousands of Voters Are Disenfranchised by North Carolina’s Voting Restrictions | Ari Berman/The Nation

A month after the Supreme Court gutted the Voting Rights Act, North Carolina passed the country’s most sweeping voting restrictions. The Supreme Court refused to block key parts of the law—cuts to early voting, the elimination of same-day registration, a prohibition on voting in the wrong precinct—just weeks before the 2014 Election. As a result of the new restrictions, there were lengthy lines and confusion at many polling places, and longtime voters were turned away from the polls. Democracy North Carolina has estimated that “the new voting limitations and polling place problems reduced turnout by at least 30,000 voters in the 2014 election.” In a new report, the group analyzed provisional ballots cast during the 2014 election and concluded that 2,344 rejected ballots would have been counted if the new restrictions were not in place.

National: With boost from Clinton, efforts to expand voting access advance | MSNBC

States from Rhode Island to Louisiana took steps this week toward making voting easier. In Washington, a new bill that would automatically register citizens to vote when they turn 18 is gaining traction among Democrats. And Ohio’s top voting official blocked a Democratic lawmaker on Twitter amid a spat over efforts to increase access to the ballot in the nation’s most pivotal swing state. It’s more evidence that Hillary Clinton’s major speech on voting last Thursday helped move along a conversation – already underway, to be sure – about how to to expand access to the ballot, especially by modernizing voter registration systems. It’s a conversation that threatens to put Republicans on the defensive after years of playing offense on the issue with a wave of restrictive voting laws.

Editorials: Hillary Clinton is politicizing voting rights: The Democratic frontrunner is destroying the chance for election reform by blaming all Republicans. | Richard Hasen/Slate

Hillary Clinton spoke at Texas Southern University last week, where she put forward some good and provocative ideas for improving our elections. She wants Congress to fix the part of the Voting Rights Act that the Supreme Court gutted in 2013. She wants to expand early voting periods nationally to at least 20 days. And most provocatively, she advocates automatic universal voter registration across the country, including a program to automatically register high school students to vote before their 18th birthdays. But the partisan way she’s framed the issue—by blaming Republicans for all the voting problems—makes it less likely these changes will actually be implemented should she be elected president. Instead, she’s offering red meat to her supporters while alienating the allies she would need to get any reforms enacted.

Virginia: District Court Strikes Down Virginia Congressional Maps | National Journal

A federal court ruled Friday that Virginia legislators will have to redraw the state’s congressional lines after misinterpreting Voting Rights Act requirements, but an attorney for the defendants said it’s likely that they’ll appeal to the Supreme Court. The United States District Court for the Eastern District of Virginia ruled for the second time that legislators unnecessarily “packed” African-American voters into certain congressional districts, ostensibly to follow a requirement that minority voters maintain their control of certain districts—but also limiting their ability to affect other districts’ elections. The three-judge panel ruled 2-1 that the Republican-controlled legislature had packed an excessive number of minorities into a single district, represented by Democratic Rep. Bobby Scott, when it drew the congressional map in 2012.

National: Hillary Clinton Says G.O.P. Rivals Try to Stop Young and Minority Voters | New York Times

Hillary Rodham Clinton on Thursday accused Republicans including her potential rivals Jeb Bush, Scott Walker and Rick Perry of “deliberately trying to stop” young people and minorities — both vital Democratic constituencies — from exercising their right to vote, as she presented an ambitious agenda to make it easier for those groups and other Americans to participate in elections. Speaking at Texas Southern University here in front of her largest crowd yet as a candidate for the 2016 Democratic presidential nomination, Mrs. Clinton accused Republicans generally of enacting state voting laws based on what she called “a phantom epidemic of election fraud” because they are “scared of letting citizens have their say.”

Wisconsin: Voting advocates file lawsuit challenging restrictions | Associated Press

A liberal group and a voting rights organization have filed a federal lawsuit challenging a host of changes Republicans have made to Wisconsin’s election laws, alleging the provisions burden black people, Latinos and Democratic-leaning voters. One Wisconsin Institute, Inc., and Citizen Action of Wisconsin Education Fund along with a half-dozen voters filed the lawsuit Friday in Madison against the Government Accountability Board, which oversees state elections. The lawsuit says a number of provisions that have become law since Republicans took control of the Legislature in 2011 violate the federal Voting Rights Act, the First Amendment and the equal protection clause.

National: Attempts To Limit Voting Rights Stunted As Efforts To Enhance Voting Access Prevail | Huffington Post

A number of state legislatures are adjourning, and supporters of expanded access to the ballot box may be sighing in relief as they see some of the major efforts to restrict voting access were stymied during this legislative session. Then again, they may be disappointed that bills to restore voting rights to felons were squashed, or that courts haven’t yet shut down strict new voter identification requirements in Arizona, North Carolina and Texas. At the federal level, congressional Republicans haven’t been rushing to update the Voting Rights Act, which the Supreme Court gutted in 2013, even as they celebrated the 50th anniversary of the Selma, Alabama, civil rights march that helped bring about the landmark law.

North Carolina: Advocates warn North Carolina on missing DMV voter registrations | Charlotte Post

Voting rights activists are threatening to sue North Carolina for failing to adhere to federal registration law. Attorneys for Action NC, Democracy North Carolina, the North Carolina A. Philip Randolph Institute, and North Carolina residents forwarded a pre-litigation notice letter on Monday to State Board of Elections Executive Director Kim Strach, N.C. Secretary of Transportation Tony Tata and Commissioner of Motor Vehicles Kelly Thomas alleging that the state Department of Motor Vehicles isn’t meeting voter registration obligations set by the National Voter Registration Act of 1993. The legislation, commonly known as the “Motor Voter Law,” requires voter registration services whenever a resident applies for, renews, or changes their address on a driver’s license or state-issued identification card. DMVs are then required to transmit the information to the appropriate election official within 10 days, or five days if the change of information is within five days of the close of registration.

Editorials: The Most Important Redistricting Case in 50 Years | Sean Trende/RealClearPolitics

In a pair of cases decided in 1964, the Supreme Court of the United States famously established the “one person, one vote” test, which held that all congressional districts must have the same number of people, as must all state legislative districts. The consequences of those decisions were both immediate and far-reaching. A wave of mid-decade redistricting swept the country, as virtually every congressional and legislative district had to be, at a minimum, tweaked to account for population discrepancies. Rural districts in particular lost representation, while the depopulation of urban centers helped usher in the rise of the suburbs in Congress. Last week, the Supreme Court shocked watchers by agreeing to hear a case that could have consequences of a similar magnitude. In 1966, in a follow-up to the Reynolds v. Sims decision, the court had held that states did not necessarily need to use persons as the basis for their representation schemes. Since then the court has at times been asked to adopt various different metrics. It generally resisted these entreaties, although Justice Clarence Thomas has, at times, urged the court to take up these cases.

US Virgin Islands: Equal Voting Rights Movement Begins in the Territory | St. Croix Source

The right for Virgin Islanders to vote for president of the United States is gaining advocates through a new project. “We the People Project” is a nonprofit organization that fights to achieve equal rights and representation for residents of U.S. territories. Around 50 locals interested in equal voting rights for U.S. citizens living in the Virgin Islands attended an informational meeting Wednesday. Neil Weare, president and founder of “We the People Project,” said people in the territories want full rights. “They should not be treated like second-class citizens. It’s time to move beyond a 115-year-old doctrine. Together we can make the argument that where you live shouldn’t make a difference in your voting rights.”

National: Supreme Court to Consider How to Calculate Size of Voting Districts | Wall Street Journal

The Supreme Court agreed Tuesday to decide whether the Constitution requires only eligible voters be counted when forming legislative districts, taking up a lawsuit that could shift political power to less populous rural areas from urban centers. If successful, the challenge to the state Senate map the Texas Legislature drew in 2013 could reshape the political dynamic in states with large Hispanic populations. The lawsuit offers the high court a chance to clarify the one-person, one-vote doctrine it established in the 1960s, when the justices swept away legislative maps that gave rural voters disproportionate power over urban areas. Since then, the near-universal practice has been to draw maps based on total population without regard to legal status. Subsequent electoral disputes centered on whether the racial composition of resulting districts complies with the Voting Rights Act.

National: Why the Democratic path to a House majority may run through a courtroom | The Washington Post

Many Democrats are bullish on their chances of winning back the Senate next year, and most sound confident they can hold on to the White House. Few think they have a prayer of taking back the House of Representatives. So now they’re playing the long game – turning to the courts to help deliver what the ballot box won’t. Top Democratic attorneys are arguing before state and federal courts that district maps drawn in a handful of states violate the Voting Rights Act by improperly packing African American voters into a small number of districts, limiting their influence.

South Dakota: Federal judge refuses to dismiss Jackson County voting rights case involving tribal members | Associated Press

A voting rights lawsuit filed last year by four Oglala Sioux tribal members against Jackson County will be allowed to proceed following a ruling by a federal judge. County officials had asked U.S. District Judge Karen Schreier to dismiss the lawsuit, but she has denied the motion. Schreier determined the tribal members have provided enough information to support their allegations.

Editorials: While we focus on candidates, we lose sight of threats to democracy | Los Angeles Times

Over the past few days, the field of declared 2016 presidential candidates has picked up a few more names, each announcement quickly detailed and closely analyzed. Does getting bounced from her seat running Hewlett-Packard, and conducting a solitary and abysmal U.S. Senate campaign, make Carly Fiorina a serious contender? What about Mike Huckabee, the former Arkansas governor and TV host who already failed in his first bite at the presidential apple? Is former neurosurgeon Ben Carson in over his head? For those who follow politics like a spectator sport, these incremental news items are tidbits to be savored. For most of the rest of the country, they are tedious and irrelevant developments in an endless cycle of campaigning. But to the New York Review of Books’ Elizabeth Drew, the campaign minutiae distract from the more important story of the “three dangers” threatening the American electoral system: “voting restrictions, redistricting, and loose rules on large amounts of money being spent to influence voters. In recent years, we’ve been moving further and further away from a truly democratic election system.”

Washington: Yakima watching intently as Supreme Court considers Texas voting rights case | Yakima Herald Republic

U.S. Supreme Court justices will convene May 14 to discuss a Texas voting rights case that could impact Yakima’s legal fight with the American Civil Liberties Union. Meanwhile, an attorney hired by the city says negotiations to reduce the ACLU’s $2.8 million fee claim against Yakima are at a standstill. The Supreme Court conference, held behind closed doors, is a routine part of the decision-making process on whether to hear cases submitted to the court. An announcement on whether the case will be heard could come as early as May 18.

North Carolina: Lawmakers tell state Supreme Court no need to hurry in redistricting case | NC Policy Watch

In papers filed with the state Supreme Court yesterday, lawmakers told the justices there was no reason to expedite proceedings in the North Carolina redistricting case, Dickson v. Rucho, sent back here last week by the U.S. Supreme Court — at least not within the time frame that challengers to the state’s redistricting plan want. That order by the nation’s highest court came on the heels of its earlier decision in a similar case out of Alabama, in which the justices held that the Voting Rights Act required lawmakers to assess whether minorities had the ability to elect a preferred candidate of choice and to draw voting lines in order to facilitate that goal — not, as Alabama had done, to achieve specific numerical minority percentages. North Carolina lawmakers operated under the same mistaken premise when designing the state’s 2011 plan, according to challengers.

National: Sen. Grassley: No Need To Fix Voting Rights Act Since ‘More Minorities Are Already Voting’ | Huffington Post

Sen. Chuck Grassley (R-Iowa), chairman of the Judiciary Committee, said Monday he doesn’t expect to bring up legislation to restore the Voting Rights Act, because lots of minority people are already voting. During an event at the National Press Club, Grassley was asked about the committee considering a bill that would fix the landmark 1965 law. The Supreme Court struck down Section 4 of the law in 2013, ruling that it needed to be updated. The section determined which states and localities with a history of suppressing minority voters had to get permission from the Justice Department to change their voting laws. The justices instructed Congress to come up with a new formula for designating which regions of the country warrant special scrutiny. Grassley dismissed the idea that there’s a need to act.

Editorials: Will the Courts Finally Block Texas’ Worst-in-the-Nation Voter-ID Law? | Ari Berman/The Nation

The 2014 election in Texas illuminated the burdens of voter-ID laws. Because of the law—the strictest in the country—many longtime voters were turned away from the polls and unable to vote. The Texas voter ID law is once again before a court on Tuesday, when the US Court of Appeals for the Fifth Circuit will consider whether to uphold a lower-court decision striking down the law as an “unconstitutional poll tax.” The debate over voter ID in Texas is like a bad movie that never ends. A federal district court first blocked the law in 2012, a decision that stood until the Supreme Court gutted the Voting Rights Act a year later, freeing states like Texas from having to approve their voting changes with the federal government.

Editorials: New study rebuts John Roberts on Voting Rights Act | Zachary Roth/MSNBC

When the Supreme Court badly weakened the Voting Rights Act in 2013, it described the landmark civil rights law as outdated. The formula that Congress had used back in 1965 to decide which areas of the country should have their voting laws placed under federal supervision no longer matched modern patterns of discrimination, Chief Justice John Roberts claimed. “If Congress had started from scratch in 2006, it plainly could not have enacted the present coverage formula,” Roberts wrote for the majority, explaining why that formula was being struck down. But a comprehensive new study by a renowned historian and expert in voting discrimination suggests what voting rights advocates have been saying all along: that Roberts got it wrong.

Editorials: Voting Rights, by the Numbers | New York Times

When the Supreme Court struck down the heart of the Voting Rights Act in 2013, its main argument was that the law was outdated. Discrimination against minority voters may have been pervasive in the 1960s when the law was passed, Chief Justice John Roberts Jr. wrote, but “nearly 50 years later, things have changed dramatically.” In this simplistic account, the law was still punishing states and local governments for sins they supposedly stopped committing years ago. The chief justice’s destructive cure for this was to throw out the formula Congress devised in 1965 that required all or parts of 16 states with long histories of overt racial discrimination in voting, most in the South, to get approval from the federal government for any proposed change to their voting laws. This process, known as preclearance, stopped hundreds of discriminatory new laws from taking effect, and deterred lawmakers from introducing countless more. But Chief Justice Roberts, writing for a 5-4 majority, invalidated the formula because “today’s statistics tell an entirely different story.” Well, do they?

Georgia: In voting rights win, bill to cut Georgia early voting is dead | MSNBC

A Republican bid to cut early voting in Georgia – which was slashed once already not long ago – failed last week after voting rights activists mobilized against it. A measure that would have cut the maximum number of early voting days that counties could offer from 21 days to 12 passed a House committee in February, and its prospects for passage in Georgia’s GOP-controlled legislature looked good. It would have left only one weekend of early voting, and just four hours on Sunday. But when the state’s legislative session ended Thursday, the bill hadn’t received a full house vote. That means its supporters would have to start from square one when the legislature reconvenes, or tack the cuts on to a different measure. The effort’s apparent demise came after feverish organizing by a broad coalition of voting rights, civil rights, good government, and Democratic groups.

National: Crunching the Numbers on Voting Rights in America | Harvard Magazine

Voting rights, according to Harvard Kennedy School assistant professor of public policy Maya Sen, are fundamentally a question of numbers: How many people were eligible to vote? What number actually registered? And who, among those who registered, ended up casting a ballot? Though this year marks the fiftieth anniversary of the Voting Rights Act of 1965 (VRA), the celebration is somewhat subdued for many: in the 2013 decision Shelby County v. Holder, the U.S. Supreme Court struck down a key part of the VRA. Using data to argue for what the act had already achieved, Chief Justice John Roberts ’76, J.D. ’79, writing for the majority, invalidated a portion of the law that used a formula based on historical voting patterns to determine which counties and states needed to be monitored more closely. “All of these questions”—of the history, efficacy, and continued necessity of the Voting Rights Act—“turn on data collection and analysis,” Sen explained at a Thursday event hosted by the Kennedy School’s Ash Center for Democratic Governance and Innovation. At the event, part of the center’s Challenges to Democracy series, Sen spoke with two fellow political scientists—professor of government Stephen Ansolabehere, and Indiana University assistant professor Bernard Fraga, Ph.D. ’13—and New York Times data journalist Nate Cohn.

Editorials: The court’s signal to North Carolina | The Charlotte Observer

North Carolina lawmakers now have one more reason to revisit the state’s discriminatory legislative and congressional maps: The U.S. Supreme Court seems inclined to eventually make them do so. The Court ruled 5-4 last week that Alabama wrongly packs black voters into too few legislative districts, diluting their votes. It’s a decision that might be instructive to N.C. Republicans, who like Democrats before them have drawn legislative districts that give their party the best chance of staying in power. Republicans, however, have taken the tactic to a new level of distastefulness, and the state’s 2011 map is being challenged on similar grounds as the Alabama case. The N.C. challenge is pending before the Supreme Court. In Alabama, like North Carolina, lawmakers have insisted that their districts are lawful. In fact, Alabama’s attorneys argued to the Supreme Court that the Voting Rights Act of 1965 required those who drew the voting maps to maintain certain percentages of black voters in majority black districts. That, attorneys said, forced lawmakers to cluster minorities into fewer districts.

Alabama: Redistricting case may take years to resolve | Montgomery Advertiser

The Alabama Legislature will probably get another chance to draw the state’s House and Senate maps if a lower court rules against the current one, and special elections in at least a handful of districts are at least possible. But how many elections; when they will take place and what the final map will look like will largely depend on how the legal and political processes play out, following the U.S. Supreme Court’s ruling Wednesday that reversed a lower court decision upholding the state’s 2012 redistricting plan. At least a handful of districts will likely need new boundaries. “It creates a domino effect, because you can’t change the boundaries of one district without changing boundaries of a another district,” said Michael Li, redistricting counsel for the Brennan Center for Justice at New York University, in a phone interview Thursday. “The normal pattern would be to give the Legislature the chance to fix it themselves.”

Voting Blogs: Reading the tea leaves – what do recent U.S. Supreme Court decisions bode for Texas elections? | Texas Election Law Blog

Within the past week, the U.S. Supreme Court refused to grant certiori to hear an appeal of a decision upholding Wisconsin’s appalling voter i.d. law, (Frank v. Walker) and just remanded two Alabama redistricting cases (Alabama Black Legislative Caucus et al. v. Alabama et al., linked with Alabama Democratic Conference et al., v. Alabama et al.) back to the lower courts on a 5-4 decision holding that the state legislature could not justify “packing” African-American voters into fewer districts on the basis that it was compelled to do so in order to comply with Section 5 of the Voting Rights Act. Superficially, this seemed to be a bit of give-and-take when it came to voting rights, although the cases weren’t directly comparable on the facts or issues. So, what do these decisions mean for (1) the Texas voter i.d. case (Veasey et al. v. Perry et al.), or (2) the Texas redistricting case (Perez et al. v. Texas)?